Mohan v. S.Rama
Case brief
What is this about?
The High Court of Madras, in a civil revision, dismissed the tenant's petition seeking to set aside an eviction order passed by the Rent Controller and Small Causes Court. The eviction was based on willful default in rent payment, as the tenant failed to pay rent to the new landlord who acquired the property.
What did the court decide?
The civil revision petition against the eviction order dated 17.11.2016 was dismissed confirming the orders of the Courts below.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 23.10.2017
CORAM
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
CRP(NPD)No.602 of 2017 and
CMP.No.3107 of 2017 and
Caveat No.646 of 2017
Mohan .. Petitioner
Vs.
S.Rama .. Respondent
Prayer: Civil Revision Petition filed under Section 25 of Tamil Nadu Buildings (Lease and Rents) Control Act No.18 of 1960 as Amended by Act No.23 of 1973 and Act No.1 of 1980), against the fair and decretal order dated 17.11.2016 passed in R.C.A.No.248 of 2016 on the file of the learned IX Judge, Small Causes Court at Chennai, confirming the fair and decreetal order dated 09.10.2015 passed in R.C.O.P.No.320 of 2014, on the file of the XI Small Causes Court (Rent Controller), Chennai.
For Petitioner : Mr.Ajoy Kumar Gnanam
For Respondent : Mr.K.Kannan
Issues for consideration
3 issues framed by the court
Whether there is a case for interference with the eviction order passed on the ground of willful default in payment of rent.
Whether the transferee of the landlord steps into the shoes of the transferor and possesses the right to collect rent and evict for default.
Whether the tenant has committed willful default in payment of rent to the new landlord.
Parties & counsel
- petitioner
Mohan
- respondent
S.Rama
Coram
M.V.MURALIDARAN
Case details
As recorded by the court registry
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